Heimburge

Appellant instituted this action seeking to abate an alleged nuisance and to recover damages alleged to have been occasioned thereby. At the close of appellant’s case respondents made a motion for nonsuit which was granted. From the judgment entered, appellant has prosecuted this appeal.

This action grew out of a controversy over the construction to be placed upon certain provisions of a deed executed on November 18, 1898, between Alice Bennett Coffin, now Alice Bennett Gilmore, the grantor, ■ and Frank P. Frary, grantee. The provisions of this deed which are in dispute are as follows: “It is also agreed that the grantee herein shall in the event of his building on said property leave a light well between the building constructed and the Lafayette block; the said light well to be four feet wide and to extend from the north side of the second window on the north wall to the south wall of said Lafayette block; and extending upward from the bottom of the second story windows in said Layafette block. It is further understood that this agreement shall be in effect only so long as the grantor herein named shall retain the ownership of. said Lafayette block, and this covenant shall not…